Thursday, February 21, 2008

Illegal Entry

EARLY ON THE MORNING OF FEBRUARY 13, 2008, I GOT A VOICE MAIL FROM CHERYL LAMBERT AT HOMESTEAD. SHE SAID THAT THERE WAS AN EMERGENCY, WATER LEAKING INTO THE BOILER ROOM IN THE BASEMENT, AND THEY WERE SURE IT WAS COMING FROM MY BATHROOM. NOW, I LIVE ON THE 5TH FLOOR AND THE BASEMENT IS BELOW THE 1ST, SO THERE ARE 5 FLOORS BETWEEN HERE AND THERE. THEN SHE STATED THAT SHE AUTHORIZED PLUMBERS TO ENTER MY APARTMENT, WHETHER OR NOT I WAS THERE.

SHE GAVE THEM COMPLETE AUTHORIZATION TO STORM IN HERE LIKE PARATROOPERS OR THE SWAT TEAM, WITHOUT JUST CAUSE. IT WAS A LEAK, NOT A FLOOD!!! WHAT'S THE EMERGENCY? AN EMERGENCY WOULD BE A FLOOD OR FIRE, NOT A LEAK. THE LANDLORD TENANT BOARD (LTB) LISTS AN EXAMPLE OF AN EMERGENCY AS A FIRE. ALSO, HOW WOULD A "LEAK" ORIGINATE IN MY APARTMENT AND AFFECT ONLY THE BASEMENT? WOULD IT NOT BE FROM THE FLOOR ABOVE? ALSO, IF THERE WERE A LEAK IN MY APARTMENT, WOULD THEY NOT NOTICE IT ON EACH OF THE FLOORS BELOW MINE, BEGINNING WITH LIKE, D'UH, THE 4TH?

A FEW MINUTES LATER THEY ARRIVED, POUNDING ON THE DOOR, AND WALKED RIGHT IN. AFTER A THOROUGH INSPECTION IN MY BATHROOM, THEY TOLD ME THE PROBLEM WAS NOT IN MY APARTMENT. THEY HAD CHECKED THE FAUCETS AND EVEN FLUSHED THE TOILET. NO LEAKS. NOTHING.....

ON THURSDAY AFTERNOON, I RECEIVED AN E-MAIL FROM CHERYL. IN IT, SHE STATED THAT THEY FOUND THE LEAK, BEHIND MY BATHROOM WALL, AND THAT SOMEONE WOULD BE HERE ON TUESDAY, FEBRUARY 19TH TO FIX IT.

THERE WAS NO EMERGENCY OR REASON TO ENTER MY APARTMENT, WITHOUT THE LEGALLY REQUIRED 24 HOUR WRITTEN NOTICE. YOU WILL SEE FROM THE ATTACHED E-MAIL, WHICH INCLUDES ALL CORRESPONDENCES ABOUT THIS MATTER, THAT THERE IN FACT WAS NO EMERGENCY AT ALL. IT WAS, AS I STATED, JUST AN INSPECTION.

READ FOR YOURSELF AND YOU WILL SEE THE TRUTH.:

----- Original Message -----
From: @hotmail.com
To: Cheryl Lambert
Cc: Michael Terkalas
Sent: Saturday, February 16, 2008 1:00 PM
Subject: Re: The inspection in my apartment this morning
Hi Cheryl:

Isn't this the same "emergency", for which you authorized the plumbers to enter my apartment on the 13th? The repair won't be done until the 19th. Interesting.

Sarah
----- Original Message -----
From: Cheryl Lambert
To: @hotmail.com
Sent: Thursday, February 14, 2008 4:48 PM
Subject: RE: The inspection in my apartment this morning
Hi Sarah:

The plumbers have located the source of the leak. They will need to access your apartment to repair a cast iron pipe located behind your bathroom wall. We have scheduled this repair for Tuesday, February 19th, beginning at approximately 9:00 a.m. Again, we apologize for any inconvenience this may cause.

Cheryl Lambert

From: sedspromo@hotmail.com [mailto:sedspromo@hotmail.com] Sent: Wednesday, February 13, 2008 3:52 PMTo: Cheryl LambertCc: Michael TerkalasSubject: Re: The inspection in my apartment this morning

Hi Cheryl:

I just don't understand how there could have been a sound of running water coming from my apartment at all. I was in bed. There had been no water turned on in here, bathroom or kitchen, since last night at bedtime. Then it was only turned on long enough for me to freshen up and immediately afterwards it was turned off. Not only that, the plumbers checked for leaks, and there were none, adding that the problem was not here. The super had also checked for leaks in November during the smoke detector inspection as I stated, finding none then either. I'm at a loss.... The reason why I contacted you, was because of the way I was abruptly awakened. That was rather unpleasant, indeed!

Sarah


----- Original Message -----
From: Cheryl Lambert
To: @hotmail.com
Sent: Wednesday, February 13, 2008 3:31 PM
Subject: RE: The inspection in my apartment this morning

Hi Sarah:

We had a plumbing emergency this morning that required access to your suite. There was a leak in the boiler room and the sound of running water coming from your apartment and neighboring apartments. The other apartments were also inspected. We apologize for any inconvenience we may have caused you.

Cheryl Lambert

From: sedspromo@hotmail.com [mailto:sedspromo@hotmail.com] Sent: Wednesday, February 13, 2008 1:08 PMTo: Cheryl Lambert; Michael Terkalas; homesteadkingston@cogeco.netCc: ltb@ontario.caSubject: The inspection in my apartment this morning

Hi Cheryl: That appears to have been some kind of inspection here this morning. I had been in bed when you called and no water had been running, anywhere in my apartment, since I used the facilities last night when I arrived home.

I found the following on the site at the LTB. A 24 hour notice is required for inspections. When the super was here in November, for the smoke detector inspection, he went to the bathroom and checked for leaks. Even though it was not on the notice I had received for the fire alarm inspection, I allowed him to proceed, so he would not have to bother me with another visit in the future. That worked, didn't it? It appears to me that you justify forcing entry into an apartment by saying everything and anything is an emergency, or so it appears (from previous experiences as well), because you don't want to go through the proper channels or procedures. I'm sending a copy of this to Jim Watson's office, at MAH, for their feedback as well.:

About Entering the Rental Unit
Entry without written notice
A landlord can enter a tenant’s rental unit without written notice if:
there is an emergency such as a fire,
the tenant agrees to let the landlord in,
a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals.
A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. if:
the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning,
the landlord or tenant has given a notice of termination, or they have an agreement to end the tenancy, and the landlord wants to show the unit to a potential new tenant (in this case, although notice is not required, the landlord must try to tell the tenant before entering for this reason).
Entry with 24 hours written notice
A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours written notice:
to make repairs or do work in the unit,
to carry out an inspection, where reasonable, in order to determine whether repairs are needed,
to allow a potential mortgagee or insurer of the complex to view the unit,
to allow a potential purchaser to view the rental unit (note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord),
to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act; or
for any reasonable purpose allowed by the rental agreement.
The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.

See more about Homestead Land Holdings and how the largest private landlord in Canada actually treats their tenants.

Go to: http://homesteadlandholdingsltd.blogspot.com/ OR

Go to: http://terrorizethetenant.blogspot.com/ OR

Go to: http://kingstonkittens5.blogspot.com/


36 comments:

Anonymous said...

OMG. How often are they doing this? They always tell me it's an emergency.

Anonymous said...

They will always get away with it. I know so many people who rent from them and they have the same problem. The LTB that used to be ORHT is letting them get away with it. The LTB is supposed to protect tenants but all it does is protect the landlords and allow them to get away with any illegal activity they want to.

Anonymous said...

Hi, read all 3 of the blogs that are linked. It seems that they are really putting the screws to you and harassing you. Definitely not in your imagination. Keep us posted would you? I have bookmarked you so I can keep an eye on it. I know someone at an agency that might be able to help. As for the alleged plumbing "emergency" it obviously was not an emergency if the work was done 6 days later. The plumbing noise, well that is not your problem or fault. You have no control over noisy plumbing. The landlord is the one who has control over noisy plumbing. They should have followed up on the door-banging especially since a witness saw the person who did it, run into another apartment, and then tell police what he saw. The person who is on the lease is responsible for the activities of guests. He should be reprimanded for it, not you. It appears that you have a strong case for filing a T2 application against the landlord. Many complaints about noisy neighbours over a 4 month period is ridiculous. They should have been evicted. You are the VICTIM here. Be sure to have all your documenting correspondence, to substantiate your case. I'll be in touch.

Anonymous said...

I wonder what makes this Gilbert so special to Lambert. When he worked for them he was drunk all the time. They let him get away with that and a lot of stuff. I lived there then. He was a useless piece of S__t. I was there the last time the fire dept. was called in cause he passed out. Whew the place stank then. She still let him live with Davey for many months after that. Maybe he has something on her. Maybe he caught her on her knees with someone.

Anonymous said...

If that was an emergency then they would not have waited 6 days to fix it. I think they are trying to force you out. Everyone knows they are not above using illegal tactics. The company is owned by lawyers right.

Anonymous said...

Ya they just love to harass and intimidate women who live alone and the ones who can't defend themselves. they are bullies and crooks.

Anonymous said...

they are definitely harassing you. that's what they do best especially that dyke clambert. really she swings both ways. how do you think she got the job.

Anonymous said...

they allow and encourage illegal entry into apartments. that's why bob babcock didn't lose his job when his son bobby was arrested for using the passkey to rob tenants. he may have done even more than rob them.

Anonymous said...

I read the other two blogs too. Are they ever harassing you. One would have to be blind to not see that. Seems like they are definitely trying to get rid of you. Of course, the LTB lets them get away with it. The company is owned by lawyers and as rich as they are, they must be very sleazy ones at that. They probably have more officials on their payroll than Kellogs has cornflakes.

Anonymous said...

Thye really are trying to get rid of you arent' they? I agree with concerned tenant advocate and all the other commenters, like in the other one, I wouldn't doubt they are letting Gilbert live there rent-free to intimidate and harass you. They are definitely sleazy and liars. Well the company is owned by a sheister so what do you expect. It's a known fact that they own all the politicians and officials so they can get away with everything. No one there knows how to tell the truth.

Anonymous said...

They are really out to get you! There is no doubt that they are harassing you and trying to force you out.

Anonymous said...

They are very well known for pulling this kind of stunt and they always get away with it.

Anonymous said...

What do they have against you? They are really harassing and intimidating you. Homestead is very well known for using these tactics against their tenants. They get away with everything because the old ORHT and now Landlord Tenant Board lets them.

Anonymous said...

Nonsense. The landlord is obviously harassing you. They are legally required to give you a 24 hour notice to enter your apartment for repairs. You got that right. If it was an emergency as they said on the 13th then it should have been fixed on the 13th. On the 16th when they found it, if it was an emergency they should have fixed it then and not waited until the 19th.

Anonymous said...

Harassment, harassment, harassment, plain and simple. You'd have to be an idiot to think that this is not a clear case of harassment. If it was an emergency then it should have been fixed right away and not 6 days later.

Anonymous said...

harassment is an understatement. they are going overboard. what the hell? sounds like that super is as much of a coward and panty waist as that Gilbert guy. i bet he wouldn't bother you if there was a man living in your apartment. none of them would have the stones to do any of this to anyone who could defend themselves or afford a lawyer. friggin morons is all I can say. morons and bullies.

Anonymous said...

ya right. a leak is an emergency. BS a flood is an emergency not a leak. just like them. they do that to all but their richest tenants and those few who have a man who can stand up to them. Many people in Ont. know how bad homestead is as a landlord. they are true slumlords. i'm not surprised that they are allowing this to go on. sounds like they are really harassing you and picking on you and like others said trying to get rid of you.

Anonymous said...

They have always done this and they always will. It's outrageous to think that they would get away with saying a leak is an emergency and then not fixing it until 6 days later. A flood or fire is an emergency not a leak.

Anonymous said...

It sounds like they are really out to get you and are just harassing you. As for gilbert like someone said in comments maybe he has something on lambert so he gets away with so much.

Anonymous said...

Wouldn't you be more surprised if they did things legally? I agree with everyone else. They are harassing you.

Anonymous said...

They never do anything by the book unless it is to their advantage. I have read your other blogs about them and will go back to post there. They seem to really be doing whatever they can to harass and intimidate you. Anyone with a brain would know that the leak they described would not be an emergency especially when they are fixing it no less than 6 days later.

Anonymous said...

Ya it sounds like they are trying to force you out and are pulling every dirty little trick to do it. That was no emergency if the problem could be fixed 6 days later. They are definitely doing every thing they can to intimidate and strongarm you.

Anonymous said...

A leak is not an emergency. A floor is an emergency. If the leak can be fixed nearly a week later then it wasn't an emergency in the first place, now was it?
"Power tends to corrupt; absolute power corrupts absolutely". It was true in the times of Lord Acton and is even more true today. When you are as big and rich as Homestead, you own most if not all the politicians (Hi John G in Ontario), the building inspectors, the Landlord/Tenant boards (LTB Ontario), Ministry officials, everyone and anyone who can further your cause. That is why you get away with so much, like harassing and intimidating tenants, especially those who can't defend themselves. You lie and cheat. We all pray that Satan has his version of a luxury condo waiting for you some day. You all earned it.

Anonymous said...

Homestead has always bullied tenants. They hate it when people try to stick up for themselves when they bully them. That's why they are trying to force you out and making it so miserable for you there. They never liked to do what they are legally supposed to do, especially the 24 hour notice before entering apartments.

Anonymous said...

This is just another intimidation tactic. There was no emergency. If there was it should have been fixed right away and not a week or so later. That is usually the way emergencies are handled anyway. Sounds like they are out to get you. Could it be that Homestead is trying to get rid of you because you whipped their ass in 2006 at ORHT when they tried to evict you because of your original blog? I am guessing by what I have read that they have been harassing you ever since. They appear to be working very hard at it. Sounds like a big case of SLUMLORD SOUR GRAPES to me.

Anonymous said...

Since you've been there so long you should be used to that behavior by now. They say it is all an emergency so they don't have to follow protocol and give tenants the notice they are supposed to receive. The other things though really do sound like they are trying to get to you and force you out. You would have been there prior to the rent changes. If they can force you out of there, they can perform some bandaid patching and charge whatever they want for that place. Money is a strong motivator and no slumlord is more greedy.

Anonymous said...

Why would they give you the required 24 hour notice when they can just say it's an emergency and barge right in?

Anonymous said...

Why would they start to show respect for tenants now when they've been getting away with everything they want for decades.

Anonymous said...

ya they pull the same stunt on me. its always an emergency.

Anonymous said...

why should they start giving tenants proper notice now. they never have.

Anonymous said...

Isn't it nice to know that some things you can rely on to not change. Homestead is one of those. They still do things their way and don't care how it affects anyone. Why not break the rules and do things illegally. It has always worked for them.

Anonymous said...

they really are trying to force you out aren't they?

Anonymous said...

they get away with so much more by saying everythings an emergency so they dont have to give notice. also sounds like they have something against you and are trying to force you out.

Anonymous said...

i agree with others. why would it take 6 days to fix this problem if it was really an emergency. if it were an emergency as they said then why didn't they fix it right away.

Anonymous said...

theyve been doing it for years so why stop now?

Anonymous said...

I had some problems with the superintendents in my building and I sent a complaint to Homestead Head Office in Kingston.
It was dealt with quickly and professionally.
Now their jobs are on the line and these assholes are on their best behavior, and it's lucky for them,
my backup plan was to smash their mother-fuckin' heads in wit a baseball bat.
I am not a violent person, but sometimes violence is necessary when dealing with weasels on a power trip.